Search

Our systems are now restored following recent technical disruption, and we’re working hard to catch up on publishing. We apologise for the inconvenience caused. Find out more: https://www.cambridge.org/universitypress/about-us/news-and-blogs/cambridge-university-press-publishing-update-following-technical-disruption

Skip to main content Accessibility help

Home
Search

Only show content I have access to (0)

Chapters (1)

Last 3 years (1)

From year:

To year:

Apply

Law (1)

admissibility of counterclaims

Cambridge University Press (1)

View selected items
Save to my bookmarks
Export citations
Download PDF (zip)
Save to Kindle
Save to Dropbox
Save to Google Drive
Save content to
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to .

To save content items to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Please be advised that item(s) you selected are not available.
You are about to save
Your Kindle email address

Please provide your Kindle email.

@free.kindle.com @kindle.com (service fees apply)

By using this service, you agree that you will only keep content for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services

1 results

3 - Counterclaims
Tomoko Ishikawa, Nagoya University, Japan
Book:

Corporate Environmental Responsibility in Investor-State Dispute Settlement

Published online:

24 November 2022

Print publication:

08 December 2022, pp 57-86
- Chapter
- - Get access
    
    Check if you have access via personal or institutional login
    
    Log in Register
- Export citation
Summary

This chapter, together with Chapters 4 and 5, discusses the host state’s counterclaims against the claimant investor. It first discusses the benefits and obstacles of the use of counterclaims by comparing their use with the option of pursuing investors’ legal responsibility through the host state’s own courts. It then discusses the normative grounds for the host state’s environmental counterclaims in the light of the existence of the interests of the victims. Based on assessments of (a) the state’s obligation to protect against private persons’ human rights abuses and (b) the parens patriae doctrine developed in international and certain domestic jurisprudence, it is concluded that the host state has the right to pursue investors’ responsibility both in its own right and on behalf of the victims. It then proceeds to examine whether there are circumstances in which the admissibility of such counterclaims should be denied in light of the victims’ due process rights. This question is answered in the positive, and the factors that make the counterclaim inadmissible on this ground are identified.